1994 PLP 603 (MLD)

This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, arises in the following circumstances: A private housing scheme known as Sahgal Estate was formulated by respondents Nos.2 and 3 over their land measuring 76 Kanals 13 Marlas situated in the Revenue Estate of Niaz Baig, Lahore. This scheme was submitted by respondents Nos.2 and 3 to the L.DA. for its approval. The said Authority agreed to sanction the scheme subject to certain conditions, one of which was that open plots and land reserved for public buildings and utilities should be transferred by respondents 2 and 3 to the L.D.A. Consequently, on 5th April, 1984, an agreement was executed between respondents Nos.2 and.3 and the L.D.A. by virtue of which the land reserved in the lay-out plan for open plots and site for public buildings like school, mosque, Darsgah, and graveyard etc. and the land underneath were transferred to the Authority.

2. It is not disputed that in the sanctioned scheme, plot bearing No.176/G measuring 1 Kanal 19 Marlas was earmarked and reserved for the purposes of construction as a mosque. The petitioners, who had statedly formed a welfare society for the residents of Sahgal Estate Scheme, approached the L.DA. for the transfer of the plot to the Society for the purposes of constructing a mosque. According to the case of the petitioner, they did not receive any response from the respondents and for the first time reply was received on 20th July, 1991 from the L.DA. informing them that their request for transfer of the plot for the purposes of construction of a mosque could not be acceded to as the plot in question had already been allotted to respondent No.5 for the purposes of Darsgah after approval from the Chief Minister. This decision of the respondents, dated 20th July, 1991 has been assailed in this petition.

3. Various contentions have been raised by the learned counsel for the petitioners in support of this petition, one of which is that before allowing the conversion of the site reserved for the mosque to be utilized for the purposes of Darsgah, no opportunity of hearing was granted to the petitioners. According to the learned counsel, as the petitioners were the owners of the plots which they had purchased on the basis of the existing scheme, in which the plot had been reserved for the purposes of constructing a mosque, the purpose and utility of the plot could not be changed without any notice to them. This contention of the learned counsel is supported by the decision of this Court in Muhammad Sharif and another v. Lahore Development Authority and another 1989 MLD 95 wherein it was observed that the alteration of the housing scheme to the detriment of the existing owners could not be made without hearing them. In the present case, as admittedly the plot was reserved for the purposes of mosque, in all fairness, the respondents before taking any decision regarding the conversion of the purpose, must have heard the petitioners. In these circumstances, case deserves to be remanded to the respondents for re considering after hearing the parties. As the dispute contains the construction of a mosque, it is desirable in the interest of justice that the matter be decided by the respondent No.1, without delay, preferably within a period of one month. There shall be no order as to costs. H:B.T./M-720/L Order accordingly.